Terrell & Vincent v. Hurst, Miller & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Hurst, Miller & Co., suing as partners, against William S. Terrell and Wilbourne Yincent, as late partners doing business under the name of Terrell & Yin-cent; and was founded on three promissory notes, each of which was executed in the name of Terrell & Yincent, payable to the order of Hurst, Miller & Co., “at office of Isbell & Co., Talladega,” and each'contained a…
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Hurst, Miller & Co., suing as partners, against William S. Terrell and Wilbourne Yincent, as late partners doing business under the name of Terrell & Yin-cent; and was founded on three promissory notes, each of which was executed in the name of Terrell & Yincent, payable to the order of Hurst, Miller & Co., “at office of Isbell & Co., Talladega,” and each'contained a stipulation in these words: “The maker and indorser each hereby waives all benefit of the homestead exemption laws on both…
1Opinion of the CourtSomerville, J.
— The right of exemption to personal property, in this State, may be waived, by clearly expressing such intention of waiver in any instrument of writing, including a bill of exchange, promissory note, or other contract. But, when such waiver relates to a homestead, or exemption in realty, it is required to be made by a separate instrument in writing, and must be signed by both husband ánd wife, and attested by at least one witness. — Const. 1875, Art. X, § 7; Code, 1876, §§ 2846-2848.
The words, which are claimed in the present case to operate as a waiver of exemption to personal property, are…
2Cases cited3 opinions
- Jones v. RandleSupreme Court of Alabama · 1880
- Giovanni v. First National Bank of MontgomerySupreme Court of Alabama · 1876
- Hall v. Green & Co.Supreme Court of Alabama · 1881
3Cited by11 opinions
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Broadway v. Household Fin. Corp. of HuntsvilleCourt of Civil Appeals of Alabama · 1977
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
- Lippman v. First National BankSupreme Court of Alabama · 1897
- Aiken v. SteinerSupreme Court of Alabama · 1893
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